EWI Immediate Relative Adjustment of Status Possible Within TPS

CENTRO ROMERO has successfully argued two cases in which persons who entered without inspection (EWI) and are under current temporary protected status (TPS), were able to adjust status under INA 245(a), without the payment of a penalty. 

Normally, any individual, who legally enters can apply for adjustment of status under INA 245(a) at any time, even after overstaying or falling out of status.  The reasoning is that the individual was at some point “inspected and admitted or paroled.” This differs with an EWI person because he or she was never inspected and admitted. 

An EWI TPS grantee, however, has been given the equivalent to “nonimmigrant status” by Congress during the TPS period.  Consequently, if the grantee files an I-485 before the termination of the TPS status, an immigrant visa immediately becomes available to him or her by congressional fiat.  The EWI is subsequently ignored. 

Although a split of authority exists, the presence of these two new cases in the Chicago district strengthens the argument significantly. 

Citation:  (Ventura, Jose Manuel and Frank Melone, CENTRO ROMERO, Chicago, IL.)

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